Opinion
No. CIV-S-08-2137-SPG (PC).
May 12, 2009
ORDER
Plaintiff is a state prisoner who is proceeding pro se. He seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff alleges claims for relief stemming from allegations that Defendants failed to provide Plaintiff access to legal materials and destroyed Plaintiff's personal property, including legal materials, in retaliation for his using administrative grievance procedures, in violation of his First Amendment right to free speech and the Fourteenth Amendment's prohibition against deprivation of life, liberty, or property without due process of law.
Plaintiff's complaint appears to state cognizable claims for relief pursuant to 42 U.S.C. § 1983. If the allegations of the complaint are proved, Plaintiff has a reasonable opportunity to prevail on the merits of this action.
The court, therefore, finds that service is appropriate and will direct service by the U.S. Marshal without pre-payment of costs. Plaintiff is informed, however, that this action cannot proceed further until Plaintiff complies with this order. Plaintiff is warned that failure to comply with this order may result in dismissal of the action. See Local Rule 11-110. Plaintiff is also advised that the court is not able to make copies of documents for him.
The court's order dated March 3, 2009, directed Plaintiff to submit documents related to the amended complaint filed October 20, 2008. On May 5, 2009, the court ordered that the amended complaint filed in this case be removed and re-filed in Plaintiff's separate case, Segura v. Felker, No. CIV-S-08-2477-KJM. The court therefore withdraws its order dated March 3, 2009. The operative complaint in this case was filed on September 11, 2008. Plaintiff's motion for correction, filed March 19, 2009, is denied as moot.
Accordingly, IT IS HEREBY ORDERED that:
1. Service of the complaint is appropriate for all defendants.
2. The Clerk of the Court shall send Plaintiff seven USM-285 forms, one summons, an instruction sheet, and a copy of the complaint filed September 11, 2008.
3. Within thirty days from the date of this order, Plaintiff shall complete the attached Notice of Submission of Documents and submit all of the following documents to the court:
a. The completed Notice of Submission of Documents;
b. One completed summons;
c. Seven completed USM-285 forms; and
d. Three copies of the endorsed complaint filed September 11, 2008.
4. The court's order filed March 3, 2009, is withdrawn.
5. Plaintiff's motion for correction, filed March 19, 2009, is denied as moot.